19 Aug 2022法庭線#2373
Firefighter acquitted of unlawful assembly; Department of Justice wins costs appeal, judge bars “Bystanders Are Guilty” T-shirt in courtroom
2019 年 11 月 10 日「八區開花」，一名消防員被控在旺角非法集結及使用蒙面物品兩罪， 2021 年被裁定罪名不成立，並獲批訟費。律政司周五（19 日）就訟費命令上訴，上訴庭即日裁定得直，惟不同意部分理據，將於 6 個月內頒布書面理由。
上訴庭法官彭偉昌於散庭前指出，一名旁聽人士身穿黑色、胸前有白色「旁觀有罪」4 字的 T 恤。該人解釋指是歌曲名稱。彭偉昌指法院不是政治宣傳的平台，而 3 名法官均認為「旁觀有罪」有政治含義，或可理解為對某類檢控作出諷刺，不適合在法庭旁聽時穿着。
During the “blossoming across eight districts” events on 10 November 2019, a firefighter was charged with unlawful assembly in Mong Kok and using a masked object. He was acquitted in 2021 and awarded costs. On Friday (the 19th), the Department of Justice appealed against the costs order. The Court of Appeal allowed the appeal on the same day, but disagreed with part of the reasoning and will issue written reasons within six months.
Before adjourning, Court of Appeal Justice Pang Wai-cheong pointed out that a spectator was wearing a black T-shirt bearing the four Chinese characters “旁觀有罪” in white on the front. The spectator explained that they were the title of a song. Justice Pang said the court was not a platform for political propaganda, and all three judges considered “旁觀有罪” to have political implications and that it could be understood as satirising certain prosecutions. He said it was inappropriate to wear the T-shirt while attending a court hearing.
18 Aug 2022獨媒#2368
John Lee submitted election advertisement consent forms late; judge grants exemption from penalty, orders payment of over HK$60,000 in legal costs
特首李家超今年6月入稟高等法院，承認在參選期間三度無按照選管會的法定要求，依時呈交三份選舉廣告中相關人士的支持同意書，並向法庭申請豁免刑罰。高院今早（18日）進行聆訊，惟李家超未有現身。法官歐陽桂如下午頒布書面決定，指是次違規乃源於疏忽，並未使人懷疑李及其競選團隊有不良企圖，他們亦迅速補交同意書，延誤時間僅2至3個工作天，相對較短，李並未有從中獲取任何利益。法官更形容李態度誠懇，最終批准豁免是次違規的刑罰。
Chief Executive John Lee filed an application with the High Court in June this year, admitting that during his candidacy he had, on three occasions, failed to submit on time three consent forms from relevant persons in election advertisements, as required by the statutory requirements of the Electoral Affairs Commission, and applied to be exempted from punishment. A hearing was held at the High Court this morning (18th), but Lee did not appear. Judge Au-Yeung Kwai-yue issued a written decision in the afternoon, saying the breaches arose from negligence and did not give rise to doubts about any improper intentions on the part of Lee or his campaign team. They also promptly submitted the forms late, with the delay lasting only two to three working days, which was relatively short, and Lee had gained no benefit from the matter. The judge further described Lee’s attitude as sincere and ultimately approved an exemption from the penalty for the breaches.
17 Aug 2022獨媒#2367
Two Riot Cases: Department of Justice Appeals Acquittals of 13; Nine Have Left Hong Kong
2019年8.31灣仔暴動案陳虹秀等8人，以及短租單位藏示威物品案6人，皆分別獲裁定暴動及串謀暴動罪不成立，律政司就兩案共13人的無罪裁決，以案件呈述方式提出上訴。據悉兩案合共9人已離港，故律政司未能把上訴通知書送達被告。高院上訴庭今（17日）進行聆訊，上訴庭法官彭偉昌、潘敏琦和彭寶琴指示律政司尋求「法庭之友」協助，以處理目前情況，將不早於4個月後再聆訊，期間須準備陳詞。
Eight people, including Chan Hung-sau, were acquitted of rioting in the 31 August 2019 Wan Chai riot case, while six people in a case involving protest items concealed in a short-term rental unit were acquitted of conspiracy to riot. The Department of Justice has appealed the acquittals of a total of 13 people in the two cases by way of case stated. It is understood that nine people in the two cases have left Hong Kong, meaning the Department of Justice was unable to serve the notices of appeal on the defendants. The High Court’s Court of Appeal heard the matter today (17th). Appeal judges Pang Wai-cheong, Poon Man-ki and Pang Po-kam directed the Department of Justice to seek the assistance of an amicus curiae to deal with the current situation. The matter will not be heard again until no earlier than four months later, during which written submissions must be prepared.
16 Aug 2022法庭線#2364
Youth with Tsang Chi Kin arrested after more than 1½ years missing; sentenced to drug rehabilitation centre for breaching probation order
2022 年 7 月，警方在西貢拘捕「健仔」曾志健等 4 名青年，同為反修例案被告，涉嫌匿藏逾一年半。其中 21 歲男生王愷銘，在另一刑事損壞案被判 12 個月感化令，被指匿藏期間沒依時聯絡感化官、吸食大麻，違反感化令，周二（16日）被押往東區裁判法院，改判入戒毒所。
In July 2022, police arrested four youths, including Tsang Chi-kin, in Sai Kung. All were defendants in an anti-extradition bill case and were suspected of hiding for more than a year and a half. Twenty-one-year-old Wong Hoi-ming had been sentenced to a 12-month probation order in another criminal damage case. He was accused of failing to contact his probation officer as required and using cannabis while in hiding, thereby breaching the probation order. He was brought to Eastern Magistrates’ Courts on Tuesday (16th) and sentenced to a drug rehabilitation centre.
15 Aug 2022獨媒#2358
‘Eye-injured teacher’ Yeung Tze-chun admits two unlawful assembly charges, sentenced to nine months; judge says injury is not grounds for a reduced sentence
前拔萃女書院通識科教師楊子俊，於2019年6.12衝突中被警方子彈擊中右眼受傷，致視力受損。事隔近3年，他被起訴兩項非法集結罪，今午在東區裁判法院承認控罪。辯方求情指楊子俊三年間一直承受後果，當天事件導致他失明並失去教職，惟楊沒有放棄，轉為經營出版社，相信教育和文字造福下一代 ，以出版社工作幫助別人。主任裁判官嚴舜儀判刑則指，雖肯定楊三年間的努力，惟認為當天示威者人數多、楊參與非法參結的時間長，「搬鐵馬」是「顯然激發他人暴力行為」；又指他受傷雖令人遺憾，惟不是有效求情理由，判處他九個月監禁。
Former Diocesan Girls’ School liberal studies teacher Yeung Tze-chun was injured when a police bullet struck his right eye during the 12 June 2019 clashes, impairing his vision. Nearly three years later, he was charged with two counts of unlawful assembly and pleaded guilty at Eastern Magistrates’ Court this afternoon. In mitigation, the defence said Yeung Tze-chun had borne the consequences for three years: the incident caused him to lose his sight and teaching job. However, Yang did not give up and instead began running a publishing house, believing that education and writing could benefit the next generation, and helping others through his publishing work. In sentencing, Chief Magistrate Ada Shun Yee Yim said that although Yang’s efforts over the three years were acknowledged, the number of protesters that day and the length of his participation in the unlawful assembly were aggravating factors. The magistrate said “moving metal barricades” had “obviously encouraged others to commit violent acts”. The injury was regrettable but was not a valid mitigating factor, and Yang was sentenced to nine months’ imprisonment.
12 Aug 2022法庭線#2345
9.29 Mong Kok | 25-year-old engineer admits possessing laser pointer, jailed for 140 days; judge: offence during bail warrants added sentence
裁判官施祖堯判刑指，由於他早前牽涉另一宗社運案件，日前被判囚 5 個月，考慮到他在該案保釋期間干犯本案，決定加刑 30 天，總刑期為 140 日。裁判官酌情批准部分刑罰同期執行，被告最終加監 125 天。
Magistrate Si Cho-yiu said in sentencing that, as the defendant had earlier been involved in another social movement-related case and was sentenced to five months’ imprisonment days ago, he decided to add 30 days after taking into account that the defendant committed the present offence while on bail in that case. The total sentence was 140 days. The magistrate exercised discretion to order part of the sentence to run concurrently, and the defendant ultimately received an additional 125 days in prison.
12 Aug 2022獨媒#2346
Transport Worker Loses Claim for Alleged Unreasonable Police Assault and Must Pay Costs; Judge Says Testimony Unreliable
2019年8月3日，網民發起「旺角再遊行」，示威演變成多區衝突事件。警方晚上在旺角清場，50歲運輸工稱前往餐廳用膳期間遭無理襲擊，導致左腳踝受傷，3年前入稟區域法院向警方提出民事索償，追討合共164萬賠償。雙方今（12日）於區院作結案陳詞，法官高勁修即日宣判，指原告人證供不可信，駁回他的申索，並下令他向被告支付訟費。
On 3 August 2019, netizens launched the “Mong Kok March Again”, and the protest developed into clashes in multiple districts. Police cleared Mong Kok that evening. A 50-year-old transport worker said he was unreasonably assaulted while on his way to eat at a restaurant, causing an injury to his left ankle. Three years ago, he filed a civil claim against the police in the District Court, seeking total compensation of HK$1.64 million. The parties made their closing submissions at the District Court today (the 12th). Judge Ko King-chiu dismissed the claim in a same-day ruling, finding the plaintiff’s testimony unreliable, and ordered him to pay the defendants’ legal costs.
12 Aug 2022法庭線#2347
PolyU clashes｜First defendant admits “breaking out”; 20-year-old woman pleads guilty to two riot charges; judge urges law change to give courts greater sentencing discretion
此外，法官促政府修例，讓法庭處理面對暴動罪的 16 至 20 歲被告時，在判刑有更大酌情權。若按其建議修例，法庭將可在不索取報告下，直接判監。
The judge also urged the government to amend the law to give courts greater discretion when sentencing defendants aged 16 to 20 facing riot charges. If the law were amended as suggested, courts would be able to impose imprisonment directly without requesting reports.
12 Aug 2022法庭線#2348
November 18 PolyU clashes｜20-year-old man involved in “snatching a suspect” pleads guilty to riot, sentenced to training centre｜Judge: Scene resembled a battlefield
2019 年 11 月 18 日，警方圍堵理工大學，巿民在尖沙咀科學館一帶，聲援被困校內的示威者。案發時 18 歲男生，涉於理大門外「搶犯」，早前承認一項暴動罪，周五（12 日）在區域法院被判入教導所。
On November 18, 2019, police surrounded Hong Kong Polytechnic University, while members of the public gathered around the Hong Kong Science Museum in Tsim Sha Tsui to support protesters trapped inside the campus. The man, who was 18 at the time, was involved in “snatching a suspect” outside PolyU. He earlier pleaded guilty to one count of riot and was sentenced to a training centre at the District Court on Friday (the 12th).
12 Aug 2022法庭線#2349
Sheung Shui cleaner suspected brick-strike death case: Two youths convicted of riot each jailed for 5½ years; judge calls citizen who picked up brick an unsung hero
2019 年 11 月 13 日「晨曦行動」，上水北區大會堂外兩批政見不同者互掟磚頭時，一名七旬男清潔工疑遭硬物擊中，翌日死亡；另有六旬漢遇襲受傷。兩名案發時未成年男子經審訊後，由陪審團裁定暴動罪成，誤殺（原為謀殺）及有意圖傷人則罪名不成立。兩人周五（12 日）在高等法院被判囚 5 年半。
During the “Dawn Operation” on 13 November 2019, two groups with different political views threw bricks at each other outside the North District Town Hall in Sheung Shui. A male cleaner in his seventies was allegedly struck by a hard object and died the following day; a man in his sixties was also assaulted and injured. After a trial, a jury convicted the two men, who were underage at the time, of riot, but found them not guilty of manslaughter—originally murder—and wounding with intent. The two were sentenced to five and a half years’ imprisonment at the High Court on Friday (the 12th).
Translations are supplied by the source workbook. Consult the original reporting for context.
